query related to fresh L1B

[nirvik]

Hello All,

   I went on an L1B blanket to US in 2019 (let's day company A) After 3 years, I renewed it for another 2 years in October 2022 but had to return to India for personal reasons in Dec 22. Visa was stamped valid till 2024 September. In India, in Jan '23, I joined another company( lets say company B). My question is, that after 1 year of leaving company A, if I get a new job offer from the same company in US, can I apply for a fresh L1B with a validity of 5 years again? Or does this not apply to me since "cooling off period of 1 year" only applies if I had been working for company A and not switched to any other company B?

Thanks,

NirVik

[Attorney_23]

After one year abroad, in order to return in L-1 status, you would have to again show that you qualify. To do that, you would need to demonstrate that you were working for a related company abroad in a qualifying position for at least one year in the past three years. If you are not working for Company A, and it has been more than two years since you were last employed by them outside the U.S., you would generally not qualify for L-1. 

[nirvik]

Thanks a lot. I guess then I am not eligible. The main issue is I have to be employed by the SAME company OUTSIDE US for more than a year or at least in the last 3 years. The fact that I was working with A in their US office from 2019 till 2022 Dec, will not help. Is that understanding correct?

[Attorney_15]

When the law says that one must be employed by a foreign company for one year, it must be for a company that is outside the US and the person is outside the US. Any presence in the United States whether it is a business trip to the US or employment for a US company in the US does not count to satisfying the requirement of employment for at least 1 year abroad for a related foreign company.

[nirvik]

Thank you so much for answering my query.